Thursday, September 26, 2013

Property investors will be able to save Dh30,000 plus in court fees - New Dubai committee to settle property dispute for free.


“The committee will aim to resolves disputes and issue refunds to investors by auctioning the project,” said Sultan Butti Bin Mejren, Director General, DLD.
“People who generally pay over Dh30,000 in court fees will not have to pay anything. The committee will work free of charge,” he added.
No details were shared how investors could file their claims and the time taken to resolve the disputes.
Emirates 24l7 reported that developers had started putting notices of project cancellations, a move that has gained pace after the government set up a committee to liquidate and settle claims on cancelled projects.
The notices being published are as per the regulation set by Dubai’s Real Estate Regulatory Agency (Rera).
The notices generally give claimants two weeks' time from the first date of publishing of the notice to submit their claims with Rera’s liquidation department. Claimants are asked to provide property reservation form, original property agreement, passport copy and original payment receipts.
In July, the Dubai government issued Decree No. (21) of 2013 setting up a special legal committee for the liquidation of cancelled property projects and the settlement of rights disputes related to such projects.
Rera said earlier it would not release in public the list of cancelled projects, but stated investors in cancelled projects are notified through email.
As per Dubai government’s bond prospectus issued in 2012, 217 projects have been cancelled as of May 31, 2011.
Rera data reveals that 187 projects have been completed since the beginning of 2009; 253 projects are on hold; 232 projects are likely to be completed in due course.
Each of these 253 registered projects is likely to qualify for either the Tayseer or the Tanmia initiative, the bond prospectus said.
In its August newsletter, UAE-based Hadef & Partners law firm said: “It appears Decree 21 will create greater certainty, and a faster and more inexpensive process for aggrieved purchasers to make claims.
"However, given that the decree applies only to projects that have been cancelled by Rera, it is too soon to assess with any accuracy how dramatic the impact of Decree 21 will be in the property market.”
Property investors will be able to save Dh30,000 plus in court fees as the Dubai Land Department (DLD) will set up a new settlement committee from next week to resolve disputes.

Dubai property registration fee doubled to 4% from october 6th

Dubai Sharjah Ajman Abu dhabi Properties: Dubai property registration fee doubled to 4% from...: The Dubai The Dubai Land Department (DLD) on Sunday announced the doubling of the property registration fee to 4 per cent of the control from 2 per cent earlier.

The new registration fees covers all property transactions in the emirate of Dubai except for the industrial sector, including warehouses.

The new fee structure will start to be implemented from October 6, 2013.

DLD Director-General Sultan Butti bin Mejren said: "The move is aimed to stop quick transactions (flipping) which are unhealthy for the market and result in sudden price increases. “The decision has come at the right time… the market has matured and investor confidence is growing. The move in not likely to have any negative impact."

Mejren pointed out that 110 countries in the world had higher property registration rates than Dubai, citing United Kingdom, which charges 4-10 per cent, France 8 per cent and India 7.3 per cent.

As per the decree, the fee will be split 2 per cent each between the buyer and seller. Although the previous law did specify one per cent each for the seller and buyer, in practice the buyer always paid the two per cent.  Mortgage registration fees remain same at 0.25 per cent of the mortgage value to encourage end-users.

No rollback

Asked if the department would consider delaying the implementation, Mejren asserted in no way the decision would be rolled out.

“The mechanism to issue laws in Dubai has evolved. We took almost three months to finalise the decision and I was been reviewed by the financial and legal department and even by investors. The law has been issued and is being executed. There is no way it will be revised.” Although the government hopes to slow down the price rise and discourage flippers, some experts believe this will not discourage genuine buyers because the price increases are based on real demand in Dubai property and not flipping.

Wednesday, September 25, 2013

Expatriate residents in UAE to pay Dh500 for health cards from Spetember

Dubai – Expatriate residents will have to pay a fee of Dh500 for issuing and renewing their health cards that will enable them to receive medical treatment at government hospitals and facilities across the UAE.

The move is in line with the Cabinet resolution, issued by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

The decision provides for levying Dh500 for issuing and renewing health cards for expats of all ages. It will come into force on September 30, the Ministry of Health announced today. Earlier, the health card issuance or renewal fee was Dh300.

Shaikh Mohammad has issued resolution No 18 for 2013 concerning the fees of health cards and curative and diagnostic services for non-nationals.

According to the resolution, an additional fee of Dh300 will be charged for the issue of a health card in lieu of a lost one.

Article No 3 of the decision stipulates that the fees will be levied against curative and diagnostic services provided by the Ministry of Health to expats holding health cards. These fees will be doubled for those who do not hold ministry-issued health cards.

Monday, September 9, 2013

Non-Muslim UAE expats advised to write will or face family disputes

Abu Dhabi/Dubai: Non-Muslims living in the UAE should make a will in case of death or undergo time-consuming procedures to ensure that the inheritance scheme is implemented according to their own country’s laws, experts said.
Failure to do so may result in family disputes, according to a report by the Ministry of Interior’s monthly publication, 999 Magazine.Only about 10-20 per cent of expat residents in the UAE have taken legal steps towards asset distribution, according to the report.

Sources confirmed that a comprehensive will ensures that a person’s possessions are distributed according to his wishes in the event of death. “Oftentimes the family of the deceased can obtain official documents from their country of origin asking that distribution of assets be done according to their country of citizenship,” said Emirati lawyer Hussain Al Jaziri.

In Islam, the rules of inheritance are made clear and oftentimes there is no need for a will. However, Muslims can write a will in which they can give out only one third of their property to non-family members, including charity organisations and the less fortunate.

Additionally, Lt Col Awad Saleh Al Kindi, editor-in-chief of 999, said: “There’s a need for residents to be aware of the inheritance rules in the country. This is important to preserve peace and harmony within the family, which forms the basic unit of our society.”

For non-Muslim expatriates who don’t have a will, there is a likelihood that Sharia law or forced rules on inheritors will apply. The court may also decide on who takes care of the surviving children upon the untimely death of the parent/s. If the expatriate has assets outside the UAE, he could lose a huge proportion of his inheritance to excessive taxes.

“If you want the right money in the right hands at the right time, the starting point is a properly executed last will and testament, without which your dependants may be in dire straits for some considerable time before assets are released,” Steve Gregory, managing partner at Holborn Assets, told Gulf News.

“Worse, without a statement about guardians for the children, courts have no reason to follow what might seem reasonable, and may make decisions that leave children with grandparents or others whom the parents may never have wanted.”

Gregory explained that a valid will is required in every jurisdiction where there are assets. So, someone with properties in the UK and France and bank accounts in the Isle of Man and UAE, already has four jurisdictions for his executors to deal with.

If a non-expatriate Muslim in the UAE has assets in the country and abroad, Gregory said it is advisable to get an international will or a similar document from their home country.

Andrew Prince at Acuma Independent Financial Advice explained that Sharia inheritance provisions are a form of forced heirship which is used in a number of countries, including France. “However, unlike France, in the UAE, the Sharia provisions will tend to pass a much greater share of the estate to the male bloodline. The female spouse, for example, may only receive one eighth of the estate held in the UAE,” he said.

“Additionally, your surviving family will have the extra problem that your Dubai, Abu Dhabi or UAE-based assets are likely to be frozen while the local legal system works through the process of assessing debts that need paying from your estate. The delay might be a couple of years or so getting all these matters dealt with,” he added.
    By Nada Al Taher, Staff Reporter and Cleofe Maceda, Senior Reporter Gulf News